Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(b)---Appreciation of evidence---Benefit of doubt---Trial Court was influenced by the fact that no cross-examination was offered by accused and thereby the testimony of prosecution witnesses and complainant had gone unchallenged---Trial Court, however, lost sight of the fact that both the prosecution witnesses, who were Police Officers, were not examined on one and the same date, but they were examined on different dates; and that both prosecution witnesses were examined in absence of the advocate for accused, who was unrepresented at the time of recording of evidence of said prosecution witnesses---Trial Court, in such a state of affairs, was obliged to take into consideration the entire material placed before it in arriving at the conclusion, whether a fact was proved or not; because the proof of a fact would depend upon the probability of its having existed; and not upon the accuracy of the statement---Copy of alleged Roznamcha which would establish that the complainant party was actually on patrolling on that date during day time, had not been produced in evidence---Not a single person had been cited as witness or mashir despite the fact that while on patrolling the Police party had received spy information about selling of charas by accused---Explanation of the prosecution that due to heat no private person was available at the place of recovery, was apparently a lame excuse, which did not appeal to a prudent mind for the reason that the place of recovery was in the heart of city and alleged recovery was made at 1.30 P.M., which was peak hour of the business; and it was beyond imagination that no private person was available at the alleged place of recovery at that time---Contraband charas was received in Chemical Laboratory after 8 days of its recovery and report was prepared after one month and 20 days and no explanation was offered by the prosecution for such considerable delay in sending the contraband charas to the Chemical Laboratory---Such a delay was opposed to law i.e. the Control of Narcotic Substances (Government Analysts) Rules, 2001; it was also not proved that during said period of 8…

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